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HomeMy Public PortalAbout19910613CCMeetingTybee Island, Georgia June 13, 1991 The Tybee Island City Council held its regularly monthly meeting on Thursday, June 13, 1991, at the Tybee Island City Hall, with Mayor Charles J. Hosti presiding. The following members of council were present: James P. Locklear, Jack Youmans, Bill Walsh, Jimmy Brown, L. Jefferson Dukes and Paul Jackson. City Attorney Thomas J. Mahoney, Jr. was present to represent the city. The meeting began with a Invocation given by Councilman Locklear, followed by the Pledge of Allegiance led by Mayor Hosti. The Mayor then called upon any visitors who wished to speak to council. Mr. Danny Weatherly asked council for a one day beer permit for the MDA Labor Day event to be held in the 16th Street parking area. Mr. Jack Burton, Chairman of the Recycling Committee spoke to council concerning the location of the bins. He requested the bins to be located at Van Horn and Fort Street in the Fort Screven area. Mr. Carl Thompson, a Pulaski Street resident, asked that council do something about the speeders on his street because of all the children that play close to the street because there are no front yards on the north side of the street. Mr. Thompson suggested that cars coming out of Lighthouse Point be made to turn towards Van Horn Street only. Mayor Hosti asked Councilman Walsh and his police committee to look into this matter and make a recommendation to council. Mr. Chuck Bargeron said that he wanted to go on record that he doesn't think that the proper procedures were followed in the hiring of the City Marshal. Mayor Hosti opened the meeting for business legally presented to council. Mayor Hosti turned the meeting over to Councilman Locklear for the presentation of a proclamation to a young man who has made Eagle Scout. The first Eagle Scout on Tybee was in 1924 Alexander Perry Solomon III and now in 1991 his grandson Alexander Perry Solomon V is a Eagle Scout. Council- man Locklear stated that only 2.5 per cent make the level of Eagle Scout and that the city is very proud to have one in our community. Mayor Hosti then read the proclamation. Young Perry is a member of Troop #154 on Tybee Mayor Hosti asked that Mrs. Loree Anderson and Mrs. Elisabeth Fitzgibbon come forward. The Mayor then presented each lady with a certificate of appreciation for all the nice things they do for the community. Councilman Walsh made a motion to approve the one day beer permit for the MDA on Labor Day. Councilman Youmans seconded. The vote was unanimous. Tybee Island, Georgia June 13, 1991 - Page 2 Councilman Jackson made a motion to accept the May minutes as read, with Councilman Walsh seconding. The vote by council was unanimous. The bills for the month of May are as follows: General Government 19,318.68 Police 10,278.27 Fire 1,352.75 First Response 938.75 Parking Services 1,535.64 Recreation 1,813.63 Lifeguards 647.50 Public Works 17,716.79 Sanitation 18,914.64 Water /Sewer 14,752.81 Councilman Youmans made a motion to pay the bills for the month of May. Councilman Jackson seconded with a unanimous vote by council. Councilman Dukes so moved to accept the recommendation by the recycling committee on the placement of the bins at Van Horn and Fort Street. Councilman Jackson seconded. Councilman Youmans said that there were houses on two corners - Ring and Stewart. The vote by council was 5 in favor and 1 opposed (Youmans). Councilman Dukes said that the work has just begun, now we have to make the public aware of the location of the bins. He thanked the volunteers for a job well done and for the many hours that they have worked on committee meetings. Councilman Dukes stated that in a week to ten days he would like to have a demonstration for full council on the progress that Mrs. Maxey has made with the Booton Plan. He stated that he is very proud of the progress. Councilman Walsh made a motion to grant the alcoholic beverage license to George Spirides of the Veranda Restaurant. Councilman Jackson seconded. A unanimous vote was made by council. Councilman Youmans said that a poll of council was taken on the Storm Drainage project on 14th Street, the cost is approximately $15,000.00. Councilman Youmans made a motion to pay Roto Rooter $1,680.00 for the same project. Councilman Jackson seconded. The vote by council was unanimous. Councilman Brown explained a user fee for Memorial and Jaycee Parks that the committee would like for policy. He then made a motion to approve with Councilman Locklear seconding. Councilman Youmans stated that there is an ordinance that states a hotel or motel will provide a lifeguard for the beach. The vote on the user fee was unanimous by council. Councilman Locklear told council that he has a replyfrom Senator Coleman plus a statistical study by Chris Case and that the Parking booth committee will meet soon. He also said that Tybee Arts will be moving to the Lighthouse in the very near future. 1 Tybee Island, Georgia June 13, 1991 - Page 3 Mayor Hosti announced that he has appointed Rowena Fripp as the task force member from Tybee Island on the Storm Water NPDES board. Mayor Hosti reported that the State EPD has decided to make this a county wide. Tybee must participate and the cost will be discussed. Mrs Fripp said that it should cost Tybee around $7,500 to 10 thousand dollars in the next two years. Councilman Dukes moved that the council approve the request of the Mayor and the City Administrator that Mr. Chris Case be appointed to the position of Tybee Island City Marshal. Councilman Jackson seconded the motion. Councilman Youmans stated that under our charter that the appointment is not legal and that the Mayor does not have the authority to appoint. Councilman Brown complimented Mr. Case on the fine job he is doing for the city. Councilman Brown also stated that Mr. Case comes from a fine family, but he feels that the problems of the position goes back to not following the policy, procedures and rules on hiring that are in the City charter and Code of Ordinances. Brown further stated that only one applicant was given a test by Chatham County and that the personnel clerk told other applicants that accepting applications for the position ended April 30th. Councilman Locklear said that this issue is becoming divisive and nit picking and III-0 4C that if an error has been made, so done. Councilman Locklear then made the following amendment to the motion "That a vote to hire Mr. Case as the City Marshal • be tabled until the July 1991 council meeting, and that between today and the July council meeting that the Government and Finance Committee review the hiring procedures that placed Mr. Case in his present position, and provide a report to O • the full council their findings with a recommendation of the action, if any other cthan a call for the vote on Mr. Case as the new City Marshal, that should be taken to fill the position of said position; to wit, City Marshal." Councilman Youmans • asked City Attorney, Thomas Mahoney, if the city was doing something illegal in o reference to our charter and code? The city attorney answered with quotes from Sections 11 and 54 of our city charter. Councilman Jackson called for the question. The vote by council was four in favor of the appointment and two opposed P (Youmans and Brown). Brown noted that he voted against the procedure and not against ▪ Mr. Case. a The following ordinances were read for the second time. Section • 10 -3 -1 through 10 -3 -4 Abandoned Vehicles. Councilman Jackson so moved for III 1 oppose CYoumans). Councilman Locklear made a motion to adopt Section 11-2-1(10) v ▪ approval, with Councilman Locklear seconding. Vote by council was 5 in favor, a 0 Definition - Refrigerators, stoves and other household appliances. Councilman Walsh seconded, vote by council was unanimous. Councilman Locklear made a motion 1 1 Tybee Island, Georgia June 13, 1991 - Page 4 to accept Section 11 -2 -1(10) Definition State Law reference - Nuisance. Councilman Walsh seconded. Vote by council was unanimous. Councilman Jackson moved to adopt Section 8 -2 -19 Standard Unsafe Building Abatement Code with Councilman Locklear seconding. The vote by council was 5 in favor, 1 opposed (Youmans). Section 4 -2 -10 was read by Councilman Locklear. This ordinance is for Propane Gas Tanks - identified; inventoried; update. Councilman Jackson made a motion to add this ordinance to our codes, with Councilman Youmans seconding. The vote by council was unanimous. Mayor Hosti announced that the Hurricane Awareness Program will be held on June 19th in the City Hall Auditorium at 7:30 P.M. Councilman Dukes announced that Mr. John Crawfish Crawford will be doing a very interesting program on Saturday, June 15th at 8 P.M. Councilman Jackson made a motion to adjourned the regular meeting and to go into executive session to discuss real estate and personnel. Councilman Dukes seconded. The council vote was unanimous. Mayor Hosti reopened the meeting for Joan Sumner of the Chamber of Commerce. They are requesting a permit for the July 4th Fireworks at 9:30 P.M. on the beach between Spanky's and the DeSoto. Councilman Youmans moved to approve the request, with Councilman Brown seconding. Vote by council was unanimous. At this time Ms. Sumner thanked the city for all the assistance with the Beach Music Festival. Clerk of Council Mayor C harle Hosti 1 1 WHEREAS, The citizens of the City of Tybee Island have traditionally been keen supporters of the youth of the community; and WHEREAS, This support has often taken the form of organized youth activities; and WHEREAS, One of the town's most favored organizations for youth has always been the scouting movement; and WHEREAS, Boy Scout Troop 154 has been chartered since 1988 in which A. Perry Solomon V is a Charter Member; and WHEREAS, The highest honor that a Boy Scout can earn is Eagle Scout; and WHEREAS, Perry reached this summit on 26 March 1991; NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE CITY OF TYBEE ISLAND AND ITS CITIZENS DO HEREBY RECOGNIZE THE OUTSTANDING ACHIEVEMENT OF ALEXANDER PERRY SOLOMON, V BY MEANS OF THIS RESOLUTION, AND BE IT FURTHER RESOLVED THAT A COPY OF THIS RESOLUTION BE PRESENTED TO YOUNG MR. SOLOMON, AND ALSO BECOME A PART OF THE OFFICIAL MINUTES OF THIS MEETING OF THE TYBEE ISLAND CITY COUNCIL. THIS 13TH DAY OF JUNE, 1991. "MAYOR (TC?.(25J11.51.0r—) LERK'(j'� CO CIL lJ 1 Ordinance # 14 AN ORDINANCE AMENDING TITLE 10, MOTOR VEHICLES AND TRAFFIC BY DELETING IN ITS ENTIRETY CHAPTER 3, ABANDONED VEHICLES AND SUBSTITUTING IN LIEU THEREOF A NEW CHAPTER 3 OF THE TYBEE ISLAND CODE OF ORDINANCES ENTITLED ABANDONED VEHICLES. BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE ABOVE CHAPTER Off' THE CODE OF ORDINANCES BE DELETED AND SUBSTITUTED IN LIEU THEREOF A NEW CHAPTER 3 ENTITLED ABANDONED VEHICLES TO THE TYBEE ISLAND CODE OF ORDINANCES, AS FOLLOWS: TITLE 10. MOTOR VEHICLES AND TRAFFIC Chapter 3,. ABANDONED VEHICLES State Law Reference: Abandoned Motor Vehicles, Official Code of Georgia Annotated 36 -60 -4 and 40 -11 -1 through 40- 11 -24. VEHICLES ABANDONED ON PUBLIC PROPERTY AND VEHICLES ABANDONED ON PRIVATE PROPERTY. Section 10 -3 -1 (1) "Abandoned motor vehicle" means a motor vehicle or trailer: (a) which is left unattended on a public street, road or highway or other public property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle; (b) which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyone's having made claim thereto; (c) which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left 1 1 there for a period of not less than 30 days without the owner's having made claim thereto; (d) which has been left unattended on private property for a period of not lest0 days which does not have affixed thereto a valid current state motor vehicle license tag or a current municipal decal (e) Any discarded, dismantled, wrecked, scrapped, ruined or junked motor vehicle or parts thereof when the parts are in such a condition to constitute a health hazard or unsightly nuisance after the same has been declared to be a nuisance by the governing body of the City. (2) Removal by Peace Officers. Section 10 -3 -2 (a) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road or highway or other public property for a period of at least five days or any peace officer who finds a motor vehicle which has been left unattended or which is discarded, dismantled, wrecked, scrapped, ruined or junked, or parts thereof, which have been held to be a nuisance as set forth in this Code and which is unabated for a period of at least five days on private property shall be authorized to cause such motor vehicle or dismantled parts thereof to be removed to a garage or other place of safety, if such peace officer reasonably believes that the person who left such motor vehicle unattended or such parts, or junked or dismantled, scrapped, ruined or junked motor vehicle once declared to be a nuisance unabated that the owner does not intend to return and remove said motor vehicle and /or parts. (b) Any peace officer shall be authorized immediately to cause such motor vehicle and /or parts to be removed to a garage or other place of safety when such motor vehicle poses a threat to public health or safety. (c) Any peace officer who under this Ordinance causes any motor vehicle to be removed to a garage or other place of safety shall be liable for gross negligence only. 2 1 (d) (1) Any peace officer or the law enforcement agency of this City which causes a motor vehicle and /or parts thereof to be removed to a garage, as authorized by this Ordinance, or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or notice and if the owner is unknown: (a) Notify the Department of Revenue and the Georgia Crime Information Center of the description of the vehicle and the location to which such motor vehicle has been removed; and (b) If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vehicle. (2) If the name and address of the last known registered owner of the motor vehicle is obtained from the Georgia Crime Information Center, the peace officer who causes the motor vehicle and /or parts to be removed shall, within three calendar days, make available to the person removing such motor vehicle the name and address of the last known registered owner of such motor vehicle, the owner of the motor vehicle as recorded on the Title of such vehicle, and all security interest holders or lienholders. If such information is not available, the peace officer shall, within three calendar days, notify the person removing or storing such vehicle of such fact. (3) Disposal and Sale of any such vehicle or parts removed shall be in accordance with the provisions of Chapter 11, Title 40 -11 -1 through 40 -11 -24 of the Official Code of Georgia Annotated which is hereby adopted in its entirety. (4) The City shall have the power and authority to contract with private individuals and firms for the removal of discarded, dismantled, wrecked, scrapped, ruined or junked motor vehicles or parts thereof from public and private properties. 1 Exceptions. Section 10 -3 -3 This section shall not apply to farm vehicles or vehicles located in an enclosed building on private property or to any motor vehicle which is located within the premises of any junkyard complying with the laws of this State relating to the licensing and regulating of motor vehicle junkyards. Penalty. Section 10 -3 -4 Any person, firm or corporation which shall have been construed as conducting a nuisance on its property shall be subject to any or all of the penalties and punishment as prescribed in Section 1 -1 -8 of this Code. ADOPTED THIS DAY OF , 1991. CLERK OF COUNCIL 1st Reading: of cl 6QCli 2nd Reading: NJUA.112, j(o,1gG Adopted: Q Vp I rig I 1 Ordinance # l- 1 J AN ORDINANCE DELETING SECTION 11 -2- 1(10), DEFINITION IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 11 -2 -1)10) OF THE TYBEE ISLAND CODE OF ORDINANCES ENTITLED DEFINITION. BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE ABOVE CHAPTER OF THE CODE OF ORDINANCES BE DELETED AND SUBSTITUTED IN LIEU THEREOF A NEW SECTION 11 -2 -1(10) ENTITLED DEFINITION TO THE TYBEE ISLAND CODE OF ORDINANCES, AS FOLLOWS: DEFINITION. Section 11 -2 -1(10) Refrigerators, stoves and other household appliances. ADOPTED THIS DAY OF , 1991. MAY CLERK OF COUNCIL 1st Reading: ll ,`l� ) 1911 2nd Reading: At.A.LI) ICIq( Adopted: ',U''" &(5) mil 1 1 Ordinance # K( Up AN ORDINANCE DELETING THE STATE LAW REFERENCE NUISANCES, GEORGIA CODE ANNOTATED, TITLE 72 IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A NEW STATE LAW REFERENCE OF THE TYBEE ISLAND CODE OF ORDINANCES. BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE ABOVE STATE LAW REFERENCE NUISANCES, GEORGIA CODE ANNOTATED, TITLE 72 OF THE CODE OF ORDINANCES BE DELETED AND SUBSTITUTED IN LIEU THEREOF A NEW STATE LAW REFERENCE TO THE TYBEE ISLAND CODE OF ORDINANCES, AS FOLLOWS: DEFINITION. Section 11 -2 -1(10) State Law Reference - Nuisances, Official Code of Georgia Annotated Title 41. ADOPTED THIS DAY OF , 1991. CLERK OF COUNCIL 1st Reading: rq (o ) 2nd Reading: .IF, I I Adopted: ..ktA .@ LJ 1 Ordinance # I1q 1-17 AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, CODE OF ORDINANCES, TITLE 8 Planning & Development, Chapter 2, Technical Codes, Paragraph 19 Standard Unsafe Building Abatement Code. BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES BE AMENDED BY THE ADDITION OF CODE SECTION 8 -2 -19, WHICH SHALL READ AS FOLLOWS: 8 -2 -19 Standard Unsafe Building Abatement Code (a) The Standard Unsafe Building Abatement Code, 1985 Edition, recommended by the Southern Building Code Congress International, Inc., is hereby adopted in its entirety and is incorporated into this Code of Ordinances as fully as if set out at length herein, with the modification that wherei r the terminology "the Board of Adjustments and Appeals" appears in this standard code the city's own appeals process, as described in Code Sections 8 -1 -1 and Title 8 Chapter 4 Articles F & G, which sections describe the city's process of public notice and public hearings for variances and amendments to the planning & development codes shall prevail. (b) If any section of this standard code is in conflict with this Code of Ordinances, then this Code of Ordinances shall control. THIS DAY OF First Reading: /0-12-'10 Enacted: to _I? -9 1 , 1990. CLERK OF COUNCIL